Otium Capital DT Pty Ltd trading as Otium Capital Discretionary Trust v City of Canada Bay Council [2018] NSWLEC 1115

Land and Environment Court New South Wales

Medium Neutral Citation: Otium Capital DT Pty Ltd trading as Otium Capital Discretionary Trust v City of Canada Bay Council [2018] NSWLEC 1115 Hearing dates: 13, 14 February 2018 Date of orders: 09 March 2018 Decision date: 09 March 2018 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: 1) The applicant is granted leave to rely on amended plans; 2) No order as to costs; 3) The appeal is dismissed; 4) Development application DA 2016/0513 for alterations and additions to an existing two storey heritage building, construction of a rear addition and tree removal to facilitate the use of the subject site as a childcare centre for 80 children at 380 Great North Road, Abbotsford is refused. 5) The exhibits are returned with the exception of Exhibits 1, A, B, D and E. Catchwords: DEVELOPMENT APPEAL: Alterations and additions to an existing heritage building for reuse as a childcare centre – impact on the significance of the item – traffic and parking – whether the proposed boundary setback is appropriate – public submissions – refusal upheld. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Zhang v Canterbury City Council (2001) 51 NSWLR 589 Trinvass Pty Ltd v Council of the City of Sydney [2015] NSWLEC 151 Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 153; [2009] NSWLEC 153, Davies v Penrith City Council [2013] NSWLEC 1141 Ausling v Willoughby City Council [2015] NSWLEC 1226 Assad v Inner West Council [2017] NSWLEC 1362 Texts Cited: Canada Bay Local Environmental Plan 2013 National Construction Code 2016 RTA Guide to Traffic Generating Developments, October 2002 Category: Principal judgment Parties: Otium Captial DT Pty Ltd trading as Otium Capital Discretionary Fund (Applicant) City of Canada Bay Council (Respondent) Representation: Solicitors: Mr Chris Gough, Storey & Gough Lawyers (Applicant) Mr Peter Jackson, Pikes & Verekers Lawyers (Respondent) File Number(s): 2017/00211635 Publication restriction: No